School of Law

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A Comparative Analysis of the South Sudan Constitution Making Process with Other East Africa Countries
(Uganda Christian University, 2025-05-28) Michael Saki Wani
The South Sudan Constitution Making Process provide an opportunity for the Country to address governance, economic, social issues and others facing the Country for decades now. However, it’s important for the process to appreciate democratic principles by ensuring that there’s active participation of the citizens and their views are reflected in the final constitutional text. In writing the new constitution for South Sudan, it’s equally important that the Country borrows past and present experiences of the East African Countries especially appreciating their processes, procedures and institutions charged by the responsibility of spearheading the process as provided by law. The Constitution Making Process Act establishes key institutions such as the National Constitution Review Commission (NCRC), The National Constitutional Conference (NCC), Preparatory Committee and the Drafting Committee. These institutions were charged with different responsibilities for ensuring a transparent, accountable, credible and legitimate Constitution Making Process. However, the process is faced with a number of challenges including lack of political will by the leadership, lack of resources, failure to implement the Revitalized Peace Agreement, political and security tensions in the Country, leadership failure and others. The study recommends the review of the Constitution Making Process Act to narrow the existing lacunas in the law, provide budgetary allocation of funds to the institution, constitutional referendum, reform draconian security laws, ensure judicial independence and impartiality and others.
A Comparative Study of International Best Practices Employed in Striking a Balance Between the Functionality of Competition Law and Protection of IP as they Operate within the market Place.
(Uganda Christian University, 2025-05-31) Cedric Kiwanuka
The contemporary global economy is fundamentally shaped by the intricate yet subtle relationship between IP rights and competition law. These two legal disciplines may seem to have different goals at first, but they are actually two sides of the same coin that drive innovation and economic growth. Intellectual property, which includes patents, copyrights, and trademarks, gives creators and innovators exclusive rights. These exclusive rights create limited monopolies designed to incentivise research, development, and creative output. On the other hand, competition law, also known as antitrust law, tries to stop monopolistic abuses and anti-competitive practices. It does this by making sure that the market is fair for all competitors, encouraging lower prices, and giving consumers more options. The main goal of both IP rights and competition law is to improve consumer welfare and boost economic growth. But in practice, the exclusive rights that come with IP rights can give certain market players a lot of market power, which can lead to higher prices and make it harder for new competitors to enter the market. The challenge for legal authorities is managing the delicate balance between enforcing IP rights and ensuring fair competition. This paper undertakes to carry out a comparative study of international best practices in striking this crucial balance. The goal of this research is to show how important this issue is to Uganda as a developing economy and to identify which international best practices may be adopted and effectively applied to the Ugandan context.
A Comparative Study of the Efficacy of the Alternative Dispute Resolution Mechanisms in Uganda
(Uganda Christian University, 2024-06-12) Patience Kwagala
The study focuses on the ADR mechanisms and their efficacy in Uganda, taking into account the many techniques of conflict resolution, development, and evolution in Uganda, including traditional strategies of resolving disputes, that have led to the resuscitation of ADR, as well as its benefits and challenges. The study also examines the various types of ADR that can be used by parties and the government to resolve disputes. Chapter One of my research will look at the proposal entailing the most significant writers that stood out for me during my research. The many forms of alternative dispute resolution, such as negotiation, mediation, conciliation, and arbitration, will be covered in Chapter Two of this study along with the benefits and drawbacks of ADR in Uganda. It will also cover the main points of my research, which is to demonstrate that arbitration is the most effective alternative dispute mechanism in Uganda for resolving conflicts. Additionally, I will compare arbitration to all other dispute resolution techniques, such as negotiation, mediation, and conciliation, and demonstrate its superiority over these approaches. The non-legal features of Adr, such as the ATS, will be covered in Chapter Three of this study along with their global, regional, and, finally, Ugandan contexts. The legal aspects of alternative dispute resolution in Uganda, as well as those worldwide and some relevant case law, will be examined in Chapter Four of this study. Chapter Five will conclude with an examination of my conclusions and suggestions for enhancing Uganda's ADR processes.
A Critical Analysis of Intellectual Property Rights in the Entertainment Industry in Uganda
(Uganda Christian University, 2024-05-19) Alice Nakitende
This study focuses on assessing the relevance of copyright law to Ugandan musicians. Despite the government efforts in enacting and facilitating the Copyright and Neighbouring Rights Act 2006, its relevance and enforcement has remained unclear due to the negative public attitudes towards its poor implementation. The study focuses on such attitudes, infringement acts, its causes, challenges faced by enforcement agencies and to propose strategies and ways to improve its usage and relevancy in its role to protect the musicians’ rights. Findings from the study are targeting to discover whether the copyright laws in Uganda have been relevant and adequate enough to protect the owners of copyright and related rights against infringement. The emphasis of this research come from the fact that very few musicians make a worth-while income from sales of their music in different channels, this seems to be attributed to music infringement which remains a living night mare for many artists in Uganda. The World Intellectual Property Organisation and Member states have devised a legal regime that would afford the protection of artists to realize from the fruits of their labour. While in some developed countries, tremendousachievements have been realized, like in America and European countries, however the story seems to change in Uganda since piracy /infringement seems to be still a reality that threatens to be with us for many years to come as pirated music is found in Uganda everywhere on streets of Kampala. This research will seek to examine the relevance of copyright law in curbing infringement in the music industry and reasons why infringement seems to be on the rise despite the law being enacted. The research will be considering these problems while trying to come up with practical solutions to help the state perform its duty to protect the rights of the musicians, thus the measures to improve on the copyright law enforcement in different ways and its implementation methods in order to enhance its usage and relevancy and create awareness about infringement and its emerging legal issues by finding credible long term and short term solutions to such problems as may be discovered.
A Critical Analysis of Intellectual Property Rights in the Entertainment Industry in Uganda
(Uganda Christian University, 2024-05-28) Alice Nakitende
The purpose of this study is to evaluate the applicability of copyright laws to authors and creators in Uganda. The public's negative opinions concerning the inadequate implementation of the Copyright and Neighboring Rights Act 2006 have made it difficult to enforce the law, even with government efforts to facilitate its enactment. This research centers on infringement acts, their causes, the difficulties enforcement agencies encounter, and tactics and methods to enhance their application and pertinence in safeguarding the rights of musicians. The study's findings aim to ascertain if Uganda's copyright laws have been sufficient and current enough to shield copyright and related rights holders from infringement. The focus of this research stems from the reality that very few musicians receive a substantial revenue from the sale of their work through various channels. This phenomenon is mostly related to music piracy, which continues to be a source of great distress for numerous authors and copyright holders in Uganda. A legislative framework that would allow artists to benefit from their hard work would be created by the World Intellectual Property Organization and its member states. Significant progress has been made in developed nations such as the United States and Europe, but in Uganda, where pirated music is ubiquitous throughout Kampala's streets, piracy and infringement appear to be persistent issues that could last for years to come.Inspite of the law’s enactment, infringement appears to be increasing. This research will seek to examine the relevance of copyright law in curbing infringement in the music industry and reasons why infringement seems to be on the rise despite the law being enacted. The research will be considering these problems while trying to come up with practical solutions to help the state perform its duty to protect the rights of the musicians, thus the measures to improve on the copyright law enforcement in different ways and its implementation methods in order to enhance its usage and relevancy and create awareness about infringement and its emerging legal issues by finding credible long term and short term solutions to such problems as may be discovered.
A Critical Analysis of the Effectiveness of the Succession Amendment Act 2022
(Uganda Christian University, 2025-05-23) Grace Davina Abaliwano
The Succession Amendment Act 2022 marks a transformative milestone in Uganda’s legal landscape aiming to rectify historical injustices with in inheritance laws. Embodying the principles of equity and justice the Act seeks to facilitate a smoother transfer of property rights and obligations among heirs, thereby promoting inclusivity and fairness in estate management. This thesis seeks to critically examine the effectiveness and practical application of the Succession Amendment Act 2022, by investigating the multifaceted challenges that impede its success including public awareness, cultural resistance and administrative inefficiencies. Through a comprehensive approach using both qualitative and quantitative approach to identify challenges of different stakeholders The findings highlight persistent issues such as delays in estate administration, which exacerbate the distress of grieving families and impede equitable property distribution.in addition the research identifies a need for legislative revisions to enhance clarity regarding property definitions and inheritance rights particularly for cohabiting partners whose rights are not legally recognized. The dissertation offers evidence based on recommendations aimed at promoting public awareness, improving administrative processes and fostering greater alignment between statutory laws and cultural practices In conclusion, the findings underscore the necessity of an adaptive legal framework that not only respects Uganda’s rich cultural heritage but also embraces modern family dynamics. By bridging the gap between the law and societal values the Succession Amendment Act 2022 can fulfil its intended purpose.
A Critical Analysis of the Human Assisted Reproductive Technology Bill, 2023
(Uganda Christian University, 2024-06-23) Maria Mirembe Aliba
This study is about Assisted Reproductive Technology, a cure for both primary and secondary infertility. Uganda has no law that provides for ART however a bill was brought by Hon.Sarah Opendi to provide got a legal framework for ART. The author in this thesis, critically anayzed the Human Assisted Reproductive Technology Bill, 2023 from a human rights perspective.
A Critical analysis of the laws on the Rights of Children Involved in Armed Conflicts in Uganda
(Uganda Christian University, 2025-06-14) Stella Ekweny Apolot
This dissertation examines the existing Human Rights Laws and evaluates their effectiveness in safeguarding children during armed conflicts. This study aims to determine whether the enforcement of these Human Rights Laws, particularly regarding the protection of children in armed conflicts in Uganda and globally, has been achieved. It has been posited that for a robust system to effectively address the violations of children's rights during armed conflicts, International Human Rights Law (IHRL) and International Humanitarian Law (IHL) impose a responsibility on States, as signatories, to protect their civilians, a legal obligation they must fulfill. The question of whether this has been realized in Uganda and other countries currently facing armed conflicts that impact children both directly and indirectly remains a contentious issue. The research gives a deeper analysis of the impact of armed conflicts on children in Uganda and globally, and also discusses the best practices for children involved in armed conflicts and the ways forward. Furthermore, the study discusses the various mechanisms of the application of human rights as regards protection of children during armed conflicts and fostering their access to justice. The study gives a comparative analysis between Uganda and other nations recently affected by armed conflicts such as the Democratic Republic of Congo, South Sudan, and Syria, Palestine, Ukraine and the range of human rights laws and policies aimed at safeguarding children in situations of armed conflict and the implementation of such human rights provisions and other laws as regards the protection of children involved in armed conflicts.
A Critical Analysis of the Legal Aspects of Syndicated Loans in Financial Institutions in Uganda
(Uganda Christian University, 2024) Leenicy Nimusiima
This study is on the legal aspects of syndicated loans in financial institutions in Uganda. Banks play a pivotal role in any economy by mobilising funds, allocating capital, and influencing the governance of other firms. Syndicated loans have emerged as a pivotal financial instrument in the global banking landscape, playing a crucial role in facilitating large-scale financing for various entities. This underscores the critical importance of effective syndicated loan legal regime in Uganda. This study analysed the syndicated loans regime in financial institutions in Uganda with a view of determining the adequacy and effectiveness of the current legal provisions in regulating syndicated loan transactions. It focused on the legal framework governing syndicated loans in Uganda and its efficacy in syndicated lending in Uganda. It examined the challenges associated with syndicated loan transactions in Uganda and suggested measures to better the corporate finance and the syndicated loan regime. The study found out that while the Financial Institution Act 2004(as amended) provides a comprehensive regulatory framework for various aspects of financial institutions’ operations, there is lack of legal certainty and enforceability in syndicated loan agreements. In the absence of standardised documentation and contractual provisions, parties may encounter difficulties in resolving disputes and enforcing their rights. The research suggested measures that may be adopted to better the syndicated loan legal regime in Uganda
A Critical Analysis of the Observance of Human Rights of Prisoners by Uganda Prison Service
(Uganda Christian University, 2024-05-07) Precious Mary Namugere
This dissertation explores the treatment of prisoners in Uganda while focusing on prisons in Jinja District. It aims to understand how well the prisons in Jinja respect the prisoners’ rights. I initially expected to find many cases of violations of Prisoners’ rights as often reported in the media; however, through the interviews with prisoners and wardens, I discovered that prisons in Jinja District are generally doing a good job observing these rights. As the inmates reported that they have access to adequate food, medical care and are treated with respect. Overall, the research shows that also though Jinja prisons may still have some areas that need improvement, they have done a fairly good job in protecting the prisoners and this indicates that its possible for all prisons in Uganda to protect the prisoners in their custody.
A Critical Analysis of Why Female Employees That Are Subjected to Sexual Harassment Do Not Come Out to Report Such Cases
(Uganda Christian University, 2024-06-10) Resty Nazziwa
The workplace is meant to be conducive without vices like sexual harassment. Even when employees are sexually harassed, they are expected to come out and make complaints against their employers as different laws, that is to say, Criminal, Civil, International, and regional Instruments all provide for a remedy to the aggrieved employees. However, in reality, despite the existence of laws that protect them against sexual harassment, female employees end up remaining silent and not coming out to make complaints against such employers. This research is hence to be beneficial in a way that it is going to identify different reasons as to why female employees remain silent even when they are sexually harassed and as well come up with recommendations on how to make them speak out. Among the reasons why female employees do not report sexual harassment cases are delays in awarding remedies to the victims that come out to report, the fear of consequences that come with reporting, and the high burden placed on the victim in proving the sexual harassment among others. To overcome this problem, therefore, there is a need for the government through the parliament to amend the Penal Code Act to criminalize sexual harassment. Because Criminal law comes up to punish the convict, with many of them being punished, many female employees will get the guts to come out to report with a view that the convicts will be punished. Female employees who are subjected to sexual harassment should accept that the act is evil and they should in case they have some evidence keep it thoroughly. This will enable them to easily prove such cases and as a result, the employers found guilty will be penalized. This will give guts to many employees to come up and complain in case they are sexually harassed at their places of work as they will have a belief that remedying them will be possible.
A Critical Legal Analysis on the Reasons for the Continous Occurence of Cases of Sexual Harrasment at Work and Its Effects on the Victims
(Uganda Christian University, 2025-05-21) Shakira Mukera
Sexual harassment remains one of the least acknowledged, yet common practices experienced within employment in Uganda. It takes the form of any sexual behavior whether intended or not that is viewed as offensive by the victim party. Until 2006, there had been no clear attempts developed in the combating of this practice which had consistently jeopardized the wellbeing and working life of employees as well as equality at the workplace. This gap raised concerns not only for the legal authorities but also for the employers and the aggrieved parties since there were no clear measures on how the subject was to be addressed. Henceforward with the later emergence and development of the legal regime on employment, fair means of protection were introduced towards combating this practice. To achieve this, these laws worked towards promoting equality of opportunity in employment as established under Article 40(a) of the Uganda Constitution and this involved creating fair employment grounds in as far as recruitment, promotion, remuneration and termination were concerned. However, despite signifying the importance of equality of opportunity towards combating sexual harassment, these laws have so far remained less progressive in achieving this objective. This is attributed to the many gaps existent therein and the poor enforcement mechanisms adopted in giving effect to these laws. Therefore this research serves to show reasons for the continuous occurrence of sexual harassment at work places despite the existence of various measures prohibiting it and the effects it has on those who experience it
A Critique of the Effectiveness of Cyber Laws in Addressing Cyber Harrassment
(Uganda Christian University, 2025-05-28) Mariam Mirembe
Cyber harassment is the use of a computer for making any requests, suggestions or proposals which is obscene, lewd, lascivious or indecent, threatening to inflict injury or physical harm to the person or property of any person. Cyber harassment is a growing evil that has been taking place since the invention of computer chat rooms to the creation of Facebook, twitter, tiktok, among others. With the presence of these various communication forums and the ability of users to remain anonymous, cyber harassment has become a daily crime, causing its victims to suffer from depression, self-denial, isolation and sometimes suicidal thoughts. This research basically looks at the effectiveness of cyber laws such as the Computer Misuse Act Cap 96, Access to Information Act Cap 95, and Data Protection and Privacy Act Cap 97, in curbing cyber harassment. The research shall be table-based (qualitative), specifically based on the available literature on the research topic as well as the required statutes, and it shall focus on the general population as the victim to cyber harassment. This research is expected to amplify the voice in the fight against cyber harassment as well as provide new measures to help curb the evil.
A Legal Analysis of the Impact of Oil Spills on the Environment in the Area of Hoima District
(Uganda Christian University, 2025-05-18) Judith Afoyorwoth
This study examines the legal impact of oil spills on the environment in Hoima District, Uganda, focusing on the effectiveness of existing legal frameworks in mitigating environmental degradation. The research adopts a qualitative approach, utilising a doctrinal and analytical research design to assess legal compliance, environmental consequences, and regulatory gaps. Primary and secondary data sources, including legal statutes, environmental reports, and case studies from comparable oil-producing regions, are analysed through content and comparative analysis. The study evaluates Uganda’s legal regime, including the National Environment Act Cap 181 and the Petroleum (Exploration, Development, and Production) Act Cap 161, against international standards such as the United Nations Convention on the Law of the Sea (UNCLOS) and the African Convention on Conservation of Nature. Findings reveal significant gaps in enforcement, corporate accountability, and community participation, leading to persistent environmental harm, including soil degradation, water contamination, and biodiversity loss. The study concludes that while Uganda’s legal framework is robust on paper, weak implementation, regulatory capture, and insufficient remediation mechanisms undermine its effectiveness. Recommendations include strengthening institutional capacity, adopting stricter liability measures, enhancing public participation, and integrating international best practices to ensure sustainable oil exploration and environmental justice in Hoima District.
A Legal Analysis on Curbing Money Laundering Through the Cashless Economy: A Case Study of Uganda
(Uganda Christian University, 2025-05-23) Prismas Ashaba
This research examines the legal analysis of the Ugandan legal frame work on curbing money laundering through the cashless economy. In Uganda the cashless economy is used though not on a large scale. Following the increase of money laundering cases in Uganda as per the FIA reports, I was encouraged to write this dissertation in regards to the cashless economy as a solution to curb money laundering. Looking at the current laws and technology advancements, the cashless economy is a way forward for Uganda and is a developing area that has made the developed countries to effectively curb money laundering. This research looks at how the cashless economy works, how it has evolved in other countries and how it actually curbs money laundering. The research covers the Ugandan laws, regional and international laws that implement this cashless economy showing how they have worked to curb money laundering and makes recommendations on how such practices can be implemented in Uganda so as to curb money laundering.
A Review of the Legal Framework on Matrimonial Property in Uganda
(Uganda Christian University, 2025-05-26) Immaculate Namutosi
Matrimonial property governance changed during the colonial and post-colonial periods, moving away from the pre-colonial cultural and customary law viewpoints and toward a more defined and acceptable system of resolving property disputes in marriages without discriminating against women. However, aside from the 1995 Constitution of the Republic of Uganda, as amended, there remains an undiscovered gap in the legal framework that governs the partition of marriage property in Uganda. Judicial decisions regarding the division of matrimonial property have exhibited inconsistencies leading to an evolving legal landscape in the landmark case of Julius Rwabinumi v Hope Bahimbisomwe S.C.C.A No.10 of 2009, the Supreme Court emphasized that only property jointly acquired during the marriage is subject to division, with each party’s share reflecting their contribution. Other than that, subsequent cases have demonstrated varying interpretations. These discrepancies highlight the absence of a consistent legal framework, resulting in courts exercising broad discretion. The implications for jurisprudence include unpredictability in legal outcomes and potential perceptions of judicial bias, underscoring the need for comprehensive legislative guidelines to ensure uniformity and fairness in matrimonial property divisions and lack of a clear guideline for the quantum of contributions especially indirect contributions. This is has resulted into inconsistencies, gender imbalances, uncertainties and failure to determine the fate of matrimonial property rights especially during the dissolution of the marriage. However, there have been several attempts to try and appropriately address the issue by drafting and tabling measures such the Marriage Bill 2024. On that note, countries like Ghana, Tanzania and Kenya each enforced laws specifically concerning matrimonial property which have enabled the in determining and addressing matrimonial property rights. Uganda still lags behind its counter parts since it still relies on case law and common law principles for determining matters that are to do with matrimonial property rights of which at times lead to issues of constitutional interpretation and inconsistency in some cases.
A Right to Inclusive Education for Persons with Disabilities in Universities in Uganda
(Uganda Christian University, 2025-05-23) Christine Elizabeth Acam
Uganda has progressive laws and policies that promote inclusive education at all levels. This dissertation examines the realization of the right to inclusive education for persons with disabilities in universities. The study uses desktop research to look at legal documents, policies, and academic writings. The study finds that some public universities have made efforts like creating disability support centres and admitting students with disabilities through an affirmative action scheme. However, most private universities fall short of this practice. Generally, in both public and private universities, students with disabilities are experiencing exclusion due to inaccessible buildings, a lack of support services, and limited awareness among university staff. This dissertation recommends staff training on disability inclusion, increasing funding, modifying infrastructure, adapting ICT and library services, and implementing disability policies to realize disability inclusion in universities.
A Study of Autonomous Weapon Systems as a Choice of Means and Methods of Warfare in Relation to the Principles Governing the Law of Armed Conflict. Case Study; Russo – Ukrainian War
(Uganda Christian University, 2025-06-27) Immaculate M. Achuka Abiro
This research will seek to give some insight on what should be done to level the ground when it comes to armed conflicts among states, keeping in mind the application of the principles of customary international humanitarian law. The development of artificial intelligence in each and every aspect and field globally means that the area of armed conflict is not an exception. In a bid to ensure complete achievement of the reasons for resorting to armed conflict, states have been seen to openly resort to the use of these autonomous weapon systems. The employment of these autonomous weapon systems in conducting war has been to a larger extent a disregard of the principles governing armed conflict. This is majorly because the law of armed conflict seeks to strike a balance between humanity and the ability to achieve the desired end for either party to the armed conflict. It should be duly noted that in order to uphold the concept of humanity, international humanitarian law runs and is based on a number of guiding principles that include the principles of humanity, distinction, discrimination, military necessity, proportionality, neutrality, as well as prohibition from causing excessive harm and superfluous injury. It should be noted that the law governing armed entirely leans on the need to distinguish civilians and civilian objects from the military and military objects and objectives. This is embedded under articles 48 and 51 (4) of additional protocol 1 to the Geneva conventions. Therefore, taking all necessary laws, conventions and treaties into consideration, this research paper will show how the use of autonomous weapon systems in armed conflict is a threat to the observance of the principles of international humanitarian law does, placing emphasis on how the use of these autonomous weapon systems defies and limits the actual implementation of the principles above that govern the law of war.
A Study on the Effectiveness of Law and Policies on Domestic Violence Regarding Men
(Uganda Christian University, 2024-05-14) Karungi Irene Kemigisa
This paper discusses the effectiveness of the laws and policies on domestic violence regarding men. There is an increase of reported cases of domestic violence by male victims to the various organizations with authority to handle the matters like the police stations, and non-governmental organizations among others. The thesis further discusses the various laws both national and international on domestic violence regarding men as well as the national policies and the legal institutions that uphold the laws and policies. The paper also discusses the causes, effects of domestic violence, the limitations of why men remain in those violent relationships, summaries and recommendation.
An Analsis of the Means and Methods of Warfare Employed During the 1994 Rwandan Genocide in Relation to International Humanitarian Law
(Uganda Christian University, 2025-05-21) Melvin Kabona
This thesis examines the legality of means and methods of warfare employed during the 1994 Rwandan genocide. These included the, use of clubs, machetes, guns, grenades and other blunt instruments, to kill and injure Tutsi civilians and moderate Hutu civilians, raping of Tutsi women and girls with the intention of infecting them with HIV/AIDS, use of propaganda and hate speech, destruction of property and infrastructure, among others. Through a critical analysis of International Humanitarian Law (IHL) sources, this thesis reveals extensive and systematic violations of IHL rules. In light of these observations, the research highlights the need for strengthened accountability mechanisms and improved compliance with International Humanitarian Law, in order to prevent similar atrocities in the future.